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for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or <br />day on which such banking institutions are authorized to close; and payment on such date shall have <br />the same force and effect as if made on the original date payment was due. <br />This Bond is one of a series of fully registered bonds specified in the title hereof issued in the <br />aggregate principal amount of $12,020,000 (herein referred to as the "Bonds"), issued pursuant to <br />a certain Ordinance of the City Council of the City (the "Ordinance") for the purpose of refunding <br />the Refunded Obligations and (ii) for the purpose of paying the costs of issuing the Bonds. <br />The Bonds and the interest thereon are payable from the levy of a direct and continuing ad <br />valorem tax, within the limits prescribed by law, against all taxable property in the City and by a <br />pledge of certain Surplus Revenues of the City's waterworks and sewer system, all as provided in the <br />Ordinance. <br />The Bonds are not subject to optional redemption prior to their stated maturities. <br />As provided in the Ordinance, and subject to certain limitations therein set forth, this Bond <br />is transferable upon surrender of this Bond for transfer at the Designated Payment/Transfer Office, <br />with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar, <br />and, thereupon, one or more new fully registered Bonds of the same stated maturity, of authorized <br />denominations, bearing the same rate of interest, and for the same aggregate principal amount will <br />be issued to the designated transferee or transferees. <br />Neither the City nor the Paying Agent/Registrar shall be required to transfer or exchange any <br />Bond called for redemption, in whole or in part, within 45 days of the date fixed for redemption; <br />provided, however, such limitation shall not be applicable to an exchange by the Owner of the <br />uncalled balance of a Bond. <br />The City, the Paying Agent/Registrar, and any other person may treat the person in whose <br />name this Bond is registered as the owner hereof for the purpose of receiving payment as herein <br />provided (except interest shall be paid to the person in whose name this Bond is registered on the <br />Record Date or Special-Record Date, as applicable) and for all other purposes, whether or not this <br />Bond be overdue, and neither the City nor the Paying Agent/Registrar shall be affected by notice to <br />the contrary. <br />IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the series <br />of which it is a part is duly authorized by law; that all acts, conditions and things required to be done <br />precedent to and in the issuance of the Bonds have been properly done and performed and have <br />happened in regular and due time, form and manner, as required by law; and that the total <br />indebtedness of the City, including the Bonds, does not exceed any constitutional or statutory <br />limitation. <br />San Marcos Tax & Rev Rfdg 2009 Ordinance 18